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Patna High Court

Chandan Kumar Singh @ Chhotu SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioners subject to bail bond, sureties, deposit, and verification of criminal antecedents.

Summary

The petitioners, Chandan Kumar Singh and Kundan Kumar Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 151.68 litres of liquor. They argued they had no possession of the liquor, the recovery site did not belong to them, and the complainant (the chowkidar) failed to inform police earlier, casting doubt on the prosecution's case. The State opposed the bail. The Court granted provisional anticipatory bail subject to the petitioners furnishing bail bonds of Rs.5,000 each with two sureties, depositing Rs.2,500 with the Advocates’ Association, and undergoing verification of their criminal antecedents. The order stipulated that if verification revealed more serious antecedents than claimed, the bail would not be confirmed; otherwise, it would be confirmed. The Court directed the trial court to verify antecedents and enforce the conditions.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioners under Section 30(a) of the Bihar Excise Act?
  • Whether the petitioners' lack of possession and the complainant's delay in reporting justify anticipatory bail?

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • liquor seizure
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3854 of 2026
                     Arising Out of PS. Case No.-210 Year-2025 Thana- JANTA BAZAR District- Saran
                 ======================================================
           1.     Chandan Kumar Singh @ Chhotu Singh Son of Pramod Singh @ Megan
                  Singh Resident of village - Senduaar, P.S.- Janta Bazar, District - Saran
           2.    Kundan Kumar Singh @ Motu Singh Son of Pramod Singh @ Megan Singh
                 Resident of village - Senduaar, P.S.- Janta Bazar, District - Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Alka Panday, Advocate
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 is a person with clean antecedent and petitioner

                   no. 2 has antecedent of one case and allegation is of recovery of

                   151.68 liters of liquor from a bush near dalan of Ajay Singh.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not apprehended from the spot as such nothing

                   was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.3854 of 2026(2) dt.29-01-2026
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          recovery is from a place which does not belong to the

          petitioners and they came to be implicated at the instance of

          Chowkidar, but then it is submitted that if Chowkidar was aware

          of the involvement of the petitioners in the occurrence then why

          he did not inform the police prior to institution of the instant

          FIR which casts an aspersion on the case of the prosecution.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          5,000/- (Rupees Five Thousand) each with two sureties of the

          like amount each to the satisfaction of the learned Trial Court

          where the case is pending/successor court in connection with

          Janta Bazar P.S. Case No. 210 of 2025 subject to the conditions

          as laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioners and in the

          event if it is found that petitioner no. 1 has antecedent of even one

          case and petitioner no. 2 has antecedent of more than one case then

          it would be presumed that petitioners, for the purposes of seeking
            Patna High Court CR. MISC. No.3854 of 2026(2) dt.29-01-2026
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                      anticipatory bail, had concealed their antecedent before this Court,

                      as such, the provisional anticipatory bail order shall not be

                      confirmed, but after verification if it is found that petitioner no. 1

                      is a person with clean antecedent and petitioner no. 2 has

                      antecedent of one case only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioners,

                      based on instruction, undertakes to deposit an amount of Rs.

                      2500/- with Advocates’ Association, Patna High Court within a

                      period of two weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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